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People v. Toledo

177 A.D.2d 988, 578 N.Y.S.2d 448, 80 N.Y.2d 839, 1991 N.Y. App. Div. LEXIS 15742
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 15, 1991
StatusPublished
Cited by28 cases

This text of 177 A.D.2d 988 (People v. Toledo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Toledo, 177 A.D.2d 988, 578 N.Y.S.2d 448, 80 N.Y.2d 839, 1991 N.Y. App. Div. LEXIS 15742 (N.Y. Ct. App. 1991).

Opinion

Judgment unanimously affirmed. Memorandum: The trial court properly rejected defendant’s request to charge sexual misconduct as a lesser included offense of rape in the first degree and sodomy in the first degree (see, People v Blackwell, 177 AD2d 952 [decided herewith]).

We have examined defendant’s other contention and find it to be without merit. (Appeal from Judgment of Niagara County Court, DiFlorio, J.—Rape, 1st Degree.) Present—Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.

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Bluebook (online)
177 A.D.2d 988, 578 N.Y.S.2d 448, 80 N.Y.2d 839, 1991 N.Y. App. Div. LEXIS 15742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-toledo-nyappdiv-1991.